Minor Offense in Drug Possession

The issue of minor offense in the context of drug possession is a central question in Italian criminal law. This concept plays a fundamental role in determining the legal consequences of a drug-related crime.

What is a Minor Offense?

A minor offense refers to a mitigating circumstance provided by law, which recognizes a lesser severity of the committed crime. In particular, Article 73 of DPR 309/90 contemplates the possibility of applying reduced penalties if the act is of minor offense, taking into account the quality and quantity of the substance, the manner of the action, and the circumstances of the event.

Factors Considered for Minor Offense

  • Quantity of the substance: A modest quantity may be an indicator of minor offense.
  • Purpose of possession: Possession for personal use may suggest a lesser severity.
  • Defendant's conduct: The absence of violent behavior or recidivism is a positive factor.
Minor offense does not mean impunity, but a mitigation of criminal responsibility.

Legal Implications

If recognized, a minor offense can lead to a significant reduction in the penalty. However, a detailed analysis of the case is essential to determine the possibility of applying such mitigation. Every detail can make a difference in court.

Why Turn to the Bianucci Law Firm?

The Bianucci Law Firm, led by attorney Marco Bianucci, offers personalized and competent consulting services in criminal law, especially in cases of drug possession. Our team of experts is ready to assist you in evaluating every aspect of your case and providing the best possible defense.

Contact us today to discuss your situation and find out how we can help you navigate the legal complexities related to minor offense.

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